Mountain View Municipal Code Div. 3 Water Conservation

Footnotes:

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Editor's note— Ord. No. 5.14, § 1, adopted April 8, 2014, amended the Code by, in effect, repealing former Div. 3, §§ 35.28.1—35.28.8, and adding a new Div. 3. Former Div. 3 pertained to similar subject matter, and derived from Ord. No. 11.89, adopted June 13, 1989; Ord. No. 8.91, adopted May 14, 1991; Ord. No. 4.92, adopted February 25, 1992; Ord. No. 1.93, adopted April 13, 1993.

The city council of the City of Mountain View hereby finds and determines that:

(a) The water conservation provisions defined in this division are needed to minimize water waste and conserve the City of Mountain View's water supply for the greatest public benefit, with particular regard to human consumption, sanitation and fire protection and the health, safety and welfare of the people and economy of the City of Mountain View;

(b) Permanent water conservation provisions are necessary to meet the continually changing demands made on the City of Mountain View's finite water supply and to prepare for future drought;

(c) More restrictive water conservation provisions are necessary during water shortages to manage the City of Mountain View's water supply and minimize the effects of drought and shortage;

(d) The City of Mountain View's primary water suppliers, the San Francisco Public Utilities Commission and the Santa Clara Valley Water District, support efficient water-use practices during normal supply conditions and water shortages; and

(e) The prohibition of nonessential uses of water imposed by this division are needed to prevent waste of the City of Mountain View's water, and are imposed and enforced pursuant to the city's power under Sec. 5 and 7 of Article 11 of the California Constitution and Sec. 350 through 359 and 375 through 378 of the California Water Code.

(Ord. No. 5.14, § 1, 4/8/14.)

(a) "City" means the City of Mountain View, a charter city.

(b) "Director" means the public works director of the City of Mountain View, or his/her designee or representative.

(c) "Customer" means any individual, firm, partnership, unincorporated association, corporation, company, organization or governmental entity or agency, whether within or without the geographic boundaries of the City of Mountain View who uses water supplied by the city.

(d) "Irrigation station" means an area of irrigated landscape controlled by a single irrigation valve.

(e) "Hard-surfaced areas" means sidewalks, walkways, driveways, parking areas, tennis courts, patios, alleys or other paved areas.

(f) "Single-pass cooling system" means equipment where water is circulated only once to cool equipment before being disposed.

(g) "Decorative water feature" means a design element where open water performs an aesthetic function, including, but not limited to, ponds, fountains, waterfalls and artificial streams.

(Ord. No. 5.14, § 1, 4/8/14.)

The nonessential water uses defined in Sec. 35.28.4, et seq. are prohibited as set forth below. In the event of a declared water shortage, any prohibited water uses imposed by this division in which two (2) or more prohibitions apply to the same water use, the most restrictive prohibition shall apply.

(a) Normal supply conditions. Any of the nonessential water uses defined in Sec. 35.28.4.1 are prohibited at all times.

(b) Stage 1 water shortage (up to ten (10) percent reduction). A Stage 1 water shortage exists when the city council declares that a water supply shortage exists and a demand reduction of up to ten (10) percent is necessary to appropriately respond to existing supply conditions. Upon declaration of a Stage 1 water shortage by the city council, city staff shall increase public education and outreach efforts to increase public awareness of the prohibited nonessential water uses as defined in Sec. 35.28.4.1 and to encourage voluntary reduction in water use.

(c) Stage 2 water shortage (up to twenty-five (25) percent reduction). A Stage 2 water shortage exists when the city council declares that a water supply shortage exists and a demand reduction of up to twenty-five (25) percent is necessary to appropriately respond to existing supply conditions. Upon declaration of a Stage 2 water shortage by the city council, any of the nonessential water uses defined in Sec. 35.28.4.1 through Sec. 35.28.4.2 are prohibited.

(d) Stage 3 water shortage (up to forty (40) percent reduction). A Stage 3 water shortage exists when the city council declares that a water supply shortage exists and a demand reduction of up to forty (40) percent is necessary to appropriately respond to existing supply conditions. Upon declaration of a Stage 3 water shortage by the city council, any of the nonessential water uses defined in Sec. 35.28.4.1 through Sec. 35.28.4.3 are prohibited.

(e) Stage 4 water shortage (greater than forty (40) percent reduction). A Stage 4 water shortage exists when the city council determines that a water supply shortage exists and a demand reduction of greater than forty (40) percent is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon declaration of a Stage 4 water shortage by the city council, any of the nonessential water uses defined in Sec. 35.28.4.1 through Sec. 35.28.4.4 are prohibited.

(Ord. No. 5.14, § 1, 4/8/14.)

The city manager may recommend the city council adopt a resolution to declare a water shortage when there is a reasonable probability that there will be a supply shortage necessitating a demand reduction in order to ensure that sufficient supplies will be available to meet anticipated demands. Upon declaration of a water shortage emergency, the city manager shall take action to implement the prohibitions identified in this division, as applicable to the declared water shortage stage. The declared water shortage shall remain in effect until rescinded or otherwise modified by subsequent resolution of city council.

(Ord. No. 5.14, § 1, 4/8/14.)

The following uses of potable water are hereby determined to be nonessential, except as further provided herein.

(Ord. No. 5.14, § 1, 4/8/14.)

The following nonessential water uses are prohibited at all times and in all declared water shortage stages.

(a) Failure to repair broken or defective water systems.

(1) Use of potable water through any meter when written notice has been given by the director to repair broken or defective plumbing, sprinkler, watering or irrigation systems and has failed to effect such repairs. The failure of any customer to effect said repairs within the applicable time period after said written notification by director shall constitute grounds for immediate discontinuance of water service pursuant to Sec. 35.28.6.

(2) The time period within which repair shall be made of the broken or defective plumbing, sprinkler, watering or irrigation systems after receiving written notice is determined by the water supply condition as follows:

1. A maximum of ten (10) days under normal supply conditions.

2. A maximum of ten (10) days during a Stage 1 water shortage.

3. A maximum of five (5) days during a Stage 2 water shortage.

4. A maximum of three (3) days during a Stage 3 water shortage.

5. A maximum of twenty-four (24) hours during a Stage 4 water shortage.

(b) Water use that results in flooding or runoff. Use of potable water which results in flooding or runoff into gutters, sidewalks, driveways, streets, highways, roads or other hard-surfaced areas.

(c) Cleaning hard-surfaced areas. Use of potable water through a hose for the cleaning of hard-surfaced areas without a positive automatic shutoff valve on the outlet end of the hose.

(d) Vehicle washing. Use of potable water through a hose for washing cars, buses, boats, trailers or other vehicles without a positive automatic shutoff valve on the outlet end of the hose.

(e) Restaurant water service. Use of potable water for restaurant water service unless upon request.

(f) Single-pass cooling systems. Use of potable water in single-pass cooling systems.

(Ord. No. 5.14, § 1, 4/8/14; Ord. No. 3.15, § 1, 5/26/15.)

The following nonessential water uses are prohibited during a declared Stage 2, Stage 3 and Stage 4 water shortage.

(a) Cleaning hard-surfaced areas. Use of potable water for washing down of hard-surfaced areas, except by use of a hand-held bucket or similar container or when necessary to alleviate safety or sanitary hazards.

(b) Vehicle washing. Use of potable water for washing cars, buses, boats, trailers or other vehicles except by use of a hand-held bucket or similar container. This subsection does not apply to any commercial vehicle washing facility.

(c) Landscape watering and irrigation.

(1) Watering or irrigation of lawn, landscape or other vegetated area with potable water between the hours of 9:00 a.m. and 5:00 p.m. on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shutoff nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. This subsection does not apply to irrigation stations that exclusively use drip-type irrigation systems.

(2) Watering or irrigation of lawn, landscape or other vegetated area with potable water for more than one (1) to three (3) days per week, as determined by the director, depending on the circumstances, to achieve the targeted demand reduction pursuant to a schedule established and posted by the city. This subsection does not apply to watering or irrigating for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

(3) Watering or irrigation of lawn, landscape or other vegetated area with potable water for more than fifteen (15) minutes per day per irrigation station. This subsection does not apply to irrigation stations that exclusively use drip-type irrigation systems or high-efficiency sprinkler nozzles that have a precipitation rate of less than one (1) inch per hour, or watering or irrigating for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

(4) Watering or irrigation of lawn, landscape or other vegetated area with potable water during a rain event.

(5) As an alternative to compliance with (c)(2) and (c)(3) of this section, large landscape water customers with a dedicated irrigation meter and those eligible and participating in the city's Landscape Water Budget Program may elect to reduce irrigation water use below the customer's Landscape Water Budget by a percentage as determined by the director and posted by the city.

Any customer electing to comply with this alternative irrigation program shall notify the city of their election in a manner determined by the director. If the customer fails to comply with the reduction requirements for any consecutive two-month period, the customer shall be removed from participation in this alternative program and be required to comply with (c)(2) and (c)(3) of this section. After removal from the program, a customer may re-elect to participate in this alternative program, only if the customer has reduced their irrigation water use below the Landscape Water Budget by the percentage set forth above as determined by the director and posted by the city for a consecutive two-month period.

(d) Decorative water features. Use of potable water in decorative water features except as needed to maintain aquatic life.

(e) Prerinse spray valves. Use of potable water through a non-low-flow prerinse spray valve for restaurant dishwashing.

(f) Hotel linens. Providing hotel guests with new towels and bed linens daily, without offering the option to reuse said towels and bed linens.

(g) New commercial car washes. Construction or installation and operation of a new commercial conveyor car wash system that does not utilize water-recirculation technologies.

(h) New commercial laundry systems. Construction or installation and operation of a new commercial laundry system that does not utilize water-recirculation technologies.

(i) Construction. Use of potable water for construction purposes, including, but not limited to, dust control, when recycled water is readily available.

(Ord. No. 5.14, § 1, 4/8/14; Ord. No. 3.15, § 2, 5/26/15.)

The following nonessential water uses are prohibited during a declared Stage 3 and Stage 4 water shortage.

(a) Commercial car washes. Operating a commercial car wash system that does not utilize water-recirculation technologies.

(b) Filling swimming pools. Filling swimming pools or spas with potable water.

(Ord. No. 5.14, § 1, 4/8/14.)

The following nonessential water uses are prohibited during a declared Stage 4 water shortage.

(a) Landscape watering or irrigation. Watering or irrigating of lawn, landscape or other vegetated area with potable water, except for the following uses:

(1) Maintenance of existing landscape necessary for fire protection.

(2) Maintenance of existing landscape for soil erosion control.

(3) Maintenance of plant materials identified to be rare or essential to the well-being of protected species.

(4) Maintenance of landscape within active public parks and playing fields, day-care centers, golf course greens and school grounds, provided that such irrigation does not exceed one (1) day per week and does not occur between 9:00 a.m. and 5:00 p.m.

(5) Actively irrigated environmental mitigation projects.

(Ord. No. 5.14, § 1, 4/8/14.)

The procedures for exceptions and appeals shall be as set forth below.

(Ord. No. 5.14, § 1, 4/8/14.)

Written applications for an exception to the provisions of this division shall be made to the director. A written determination will be made on all requests for exceptions within ten (10) business days from receipt of an application for an exception and mailed to the applicant.

The director's determination shall consider the following criteria:

(a) Whether all practical water conservation measures have been previously adopted;

(b) Whether failure to grant the application would cause an emergency condition adversely affecting the health, sanitation, fire protection or safety of the customer or the public; or

(c) Whether undue hardship would result to the applicant if the application were denied or the flow-restricting device were installed, including adverse economic impact such as loss of production or loss of jobs.

(Ord. No. 5.14, § 1, 4/8/14; Ord. No. 3.15, § 3, 5/26/15.)

Denials of any application for an exception or a decision of the director to install a flow-restricting device or discontinue water service may be appealed to the city manager, or his/her designee, whose decision shall be final. An application for an appeal shall be filed with the city clerk in writing within seven (7) calendar days after the director's decision and shall state the specific grounds for the appeal. The city manager shall issue a written decision within fifteen (15) calendar days after the appeal has been filed with the city clerk.

(Ord. No. 5.14, § 1, 4/8/14.)

The enforcement of the water conservation provisions of this division shall be as set forth below.

(Ord. No. 5.14, § 1, 4/8/14.)

(a) Upon the receipt of reliable information confirming an alleged violation of this division, the director shall issue a written warning to the suspected violator. The director may, after one (1) or more written warnings, determine whether to require installation of a flow-restricting device on the service line of any customer violating any of the provisions of this division.

(b) If the director determines installation of a flow-restricting device is necessary, written notification of the director's decision shall be mailed to the customer. The customer shall have ten (10) calendar days from the decision to contest the director's decision by submitting written documentation to the director. If the customer does not contest the decision, the decision will become final without further notification. If the customer contests the director's decision, the director shall have ten (10) business days to issue a final written decision considering the criteria set forth in Sec. 38.28.5.1. If the customer contested the director's decision, he/she may appeal the director's decision pursuant to Sec. 38.28.5.2.

(Ord. No. 5.14, § 1, 4/8/14.)

The charges for the installation and removal of flow-restricting devices shall be fixed by resolution of the city council based on the city's costs for labor, equipment, materials and overhead.

(Ord. No. 5.14, § 1, 4/8/14.)

The first installation of a flow-restricting device shall remain in place for a minimum of three (3) days. The second installation of a flow-restricting device shall remain in place for a minimum period of ten (10) days. Normal water service shall not be restored until all installation and removal costs of flow-restricting devices have been paid.

(Ord. No. 5.14, § 1, 4/8/14.)

Continued water use in violation of any of the provisions of this division, after written warning by the director and installation of flow-restricting devices, may result in the discontinuation of water service by the City of Mountain View. The director shall mail a written notice of discontinuation of water service. A customer may appeal pursuant to Sec. 38.28.5.2. The charge for reactivating or restoring water service shall be fixed by resolution of the city council, based on the city's cost for labor, equipment, materials and overhead.

(Ord. No. 5.14, § 1, 4/8/14.)

The remedies provided in this division are cumulative and in addition to any other remedies available at law or in equity, including enforcement pursuant to Chapter 1 of this Code. Any violation of this division may be remedied by an enforcement action brought by the city, including, but not limited to, administrative or traditional nuisance abatement proceedings, civil or criminal code enforcement proceedings and suits for injunctive relief.

(Ord. No. 5.14, § 1, 4/8/14.)